Hi Rick,

If one thing I can take personally, after having a quick read of the
Loxton case you mentioned, and thanks for pointing out that case, this
is a minefield of interpretation, (as too often).  BUT if I were to
choose between incorporation and not, I'd much more likely choose
incorporation, as to me the clarity offered by the law in being
incorporated outweighs the complexity and uncertainties of not being so.

Cheers
Daniel

On Wed, 2013-09-04 at 10:36 -0700, Rick Moen wrote:
> Quoting James Harper ([email protected]):
> 
> > It seems that one of you is giving bad/wrong legal information and
> > advice... 
> 
> I am always extremely careful to _never_ give legal advice.  
> 
> Doing so violates Unauthorised Practice of Law (UPL) statutes.  Anyone
> needing to solve a real-world legal problem should consult a competent
> attorney accredited to the Bar in his/her jurisdiction, who will give
> professional advice tailored to the facts of the client's situation.
> 
> By contrast, understanding and discussing principles and mechanics of
> law as a general proposition is not only the right of all citizens, but
> also an extremely good idea, if only to escape being mislead by pervasive
> misinformation.  That is why I took pains to research and document the
> most _commonly_ heard misinformation in the Linux User Group HOWTO
> (particularly the 'Common Misconceptions Debunked' section). 
> 
> > I don't know which one as I'm not a lawyer.
> 
> First, _judges_ do, which is why I pointed to caselaw.  
> 
> Second, the other gentleman has at this point side-tracked onto trivia
> and is not disputing the substance of what I said.  (Yes, I know,
> 'Welcome to the Internet.')
> 
> Saying 'I cannot understand the law because I'm not a lawyer' is exactly
> what leads LUGs into following, as a said in the HOWTO, 'tragically bad
> advice' from people making fundamental errors -- like the people who told
> SVLUG members we desparately needed umbrella liability insurance when
> they didn't even understand liability, had never priced such insurance,
> and had no plan to acquire any.  As a grimly stubborn believer in public
> education, I would like to see such nonsense rooted out.
> 
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